End Use License Agreement (EULA)

WatBal version 1 User Licence Agreement

IMPORTANT PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE ACCESSING OR USING WATBAL VERSION 1:

1.  ACKNOWLEDGEMENTS

1.1          WatBal is a software program developed by the Joint Owners for carrying out daily water balance modelling to assist in the design of effluent management systems at Australian piggeries.  WatBal is jointly owned by the State of Queensland acting through the Department of Agriculture and Fisheries (DAF) and Australian Pork Limited (APL) (together, the Joint Owners) , and is made available through the Joint Owners’ websites.

1.2          The Joint Owners would like to acknowledge the technical contribution to WatBal by DHM Environmental Software Engineering Pty Ltd.

2.  TERMS AND CONDITIONS OF USE

2.1          These terms and conditions create an agreement (Agreement) between You and the Joint Owners in relation to your access to and use of WatBal.  By registering, accessing or using WatBal, You acknowledge that You have read, understand and accept all of the terms and conditions set out in this Agreement.  If You do not agree to the terms and conditions of this Agreement, You must not access or use WatBal.

3.  GRANT OF LICENCE

3.1          Subject to the terms and conditions of this Agreement, the Joint Owners grant You a non-exclusive, non-transferable, non-sub licensable, revocable licence to access and use WatBal and any text, graphics, images, data, illustrations and other content made available via WatBal (WatBal Content) for your personal information or business operations during the Term.

4.  ACCOUNT REGISTRATION

4.1          You must register an Account to access and use WatBal.  You are responsible for the information You provide to create the Account and for any use of the Account. 

4.2          You may register an Account free of charge.

5.  CUSTOMER DATA, ENHANCEMENTS & DERIVATIONS

5.1          The Joint Owners acknowledge that:

(a)           You own the Customer Data, including all Intellectual Property Rights in the Customer Data; and

(b)           all rights in and title to the Enhancements and Derivations, including all Intellectual Property Rights in the Enhancements and Derivations, will vest upon their creation in You.

5.2          You grant the Joint Owners an irrevocable, royalty free, non-exclusive, worldwide, perpetual licence to use, access and exercise all Intellectual Property Rights in the Customer Data, Enhancements and Derivations to the extent necessary to provide You with access to WatBal under this Agreement, and to exercise all of the Joint Owners’ rights in connection with this Agreement.

6.  INTELLECTUAL PROPERTY RIGHTS

6.1          All Intellectual Property Rights in WatBal are retained by the Joint Owners.  You acknowledge and agree that You have no rights of ownership in WatBal and all Intellectual Property Rights in WatBal are retained by the Joint Owners.

6.2          You are not granted any rights in or to WatBal or any WatBal Content, other than the licence set out in clause 3, and subject to any restrictions set out in clause 7.

7.  RESTRICTIONS ON USE

7.1          You agree to use WatBal in accordance with this Agreement and all applicable laws.

7.2          You are prohibited from posting or transmitting to or from WatBal any unlawful, threatening, libellous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, or any other material that could give rise to any civil or criminal liability under the law.

7.3          You must not provide false or misleading information to the Joint Owners, including through your Account.

7.4          We reserve the right to exercise whatever means we consider necessary, in our sole discretion, to prevent unauthorised access to or use of WatBal, or breach of this Agreement, including instituting technological barriers, or reporting the conduct to any person or authority.

7.5          Without limiting our other rights under this Agreement and at law, we may at any time, in our sole discretion, and without liability to You, remove, suspend, alter or disable your access to WatBal, including by disabling your access to your Account.

8.  NO MAINTENANCE AND SUPPORT

8.1          You acknowledge that the Joint Owners have no obligation whatsoever to furnish any maintenance and support services with respect to WatBal.

9.  DISCLAIMER

9.1          WatBal has been developed to assist users to carry out daily water balance modelling for the purpose of designing effluent management systems at Australian piggeries.  You are responsible for determining whether WatBal is suitable for your own use or purpose.  WatBal must not be used or relied upon by you for any purpose which may expose you or any other person to loss or damage.  You should conduct your own inquiries and rely on your own independent professional advice.  Whilst every care has been taken in preparing WatBal and WatBal Content, the Joint Owners accept no responsibility for decisions or actions taken as a result of any data, information, design, statement, report or results, express or implied, contained in or derived from WatBal.

9.2          Your access to and use of WatBal is at your own risk.  You accept sole responsibility and risk associated with your use of WatBal and your use of reports, data or any other results produced by WatBal, irrespective of the purpose to which such use, reports, data or results are applied.

10.  LIABILITY, INDEMNITY AND LIMITED WARRANTY

10.1        Subject to clause 10.2, You acknowledge and agree that:

1. neither DAF nor APL make any representations or warranties in relation to WatBal, including as to fitness for use or that WatBal and WatBal Content is free from error;
2. to the extent permitted by law, all warranties relating to accuracy, reliability completeness, currency or suitability for any particular purpose and all liability for any loss, damage or costs (including consequential damage) incurred in any way (including but not limited to that arising from negligence) in connection with any use of or reliance on WatBal or WatBal Content are excluded.

10.2        The Competition and Consumer Act 2010 (Cth) may confer conditions, warranties, rights, guarantees and remedies on You in relation to the provision by the Joint Owners of goods and services, which cannot be excluded, restricted or modified.  To the extent permitted by law, liability under any condition, warranty, right, guarantee or remedy which cannot legally be excluded is limited to:

1. in the case of goods  - the replacement of the goods or the supply of equivalent goods or the repair of the goods; and
2. in the case of services, supplying the services again. 

All other statutory or implied terms, conditions, warranties and guarantees are excluded to the extent permitted by law.

10.3        Except for the rights, guarantees and remedies which cannot be excluded, the Joint Owners are not liable to your or to any third party for any losses, costs or expenses, including any direct or indirect, incidental, consequential, special or exemplary damages or lost profit, resulting from any use or misuse of WatBal or the WatBal Content.

10.4        You agree to indemnify DAF and APL and their offers and employees against any loss, cost, expense, damage and liability of any kind (including consequential damage and liability in negligence) arising directly or indirectly from or related to any claim in connection with your use of WatBal or WatBal Content.

10.5        Your liability to indemnify DAF will be reduced proportionally to the extent that any negligent act or omission or breach of this Agreement by DAF caused the loss or liability.  Your liability to indemnity APL will be reduced proportionally to the extent that any negligent act or omission or breach of this Agreement by APL caused the loss or liability.

11.  NO LIABILITY FOR CONSEQUENTIAL OR INDIRECT LOSS

11.1        The Joint Owners will not in any circumstances (including for negligence) be liable for any loss of revenue, loss of profit, loss of anticipated savings or business, loss of opportunity (including opportunity to enter into or complete arrangements with third parties), loss of data or goodwill, loss of reputation, or any indirect or consequential loss, whether arising in contract, tort (including negligence) or otherwise, in connection with this Agreement.

12.  DISCONTINUATION

12.1        The Joint Owners may discontinue WatBal or any portion or feature of WatBal for any reason at any time without liability to You.

13.  TERM AND TERMINATION

13.1        The Term of this Agreement will begin on the Commencement Date and continue until the Expiry Date. 

13.2        Termination for convenience

The Joint Owners may, at any time, terminate this Agreement for convenience without liability to You.

13.3        Automatic termination

                Your rights under this Agreement will terminate automatically and with immediate effect if:

1. Your Account is deleted, removed, deregistered or rendered inaccessible for any reason whatsoever, including under clause 7.5 of this Agreement;
2. You fail to adhere to the terms and conditions of this Agreement; or
3. WatBal is wholly discontinued under clause 12.

13.4        Effect of termination

(a)           Upon termination of this Agreement, You must cease all use of WatBal.

(b)           The Joint Owners will not, in any circumstances, be liable to You for any loss, cost, liability or expense arising in connection with the termination of this Agreement.

13.5        Continuing obligations

Clauses 5, 6, 10, 11, this clause 13.5, 15 and 16 survive the expiry or termination of this Agreement for any reason.

14.  VARIATION TO AGREEMENT TERMS

The Joint Owners may vary the terms and conditions of this Agreement at any time by publishing the new or varied terms on any web site from which WatBal can be accessed.  It is your responsibility to ensure that You are aware of any changes to the terms and conditions of this Agreement each time You access or use WatBal.  Should You object to any of the terms, or other notices on WatBal, You should immediately cease your use and exit your Account.

15.  GOVERNING LAW

This Agreement is governed by and will be construed according to the law applying in Queensland.

16. PERSONAL INFORMATION

APL Corporate Privacy Policy can be found here. 

17.  CONTACT INFORMATION

Should You have any questions regarding the WatBal, please contact Alan Skerman, Principal Environmental Engineer, Animal Science, Department of Agriculture and Fisheries, T 07 4529 4247, 203 Tor St, Toowoomba QLD 4350.

18.  DEFINITIONS

In this Agreement, capitalised terms have the meaning set out below, unless the context requires otherwise:

Account means your WatBal account as set out in clause 4.

Agreement means this agreement between You and the Joint Owners in relation to your access to and use of WatBal.

Commencement Date means the date You register an Account.

Customer Data means content, information, data or any material provided by You via WatBal under your Account.

DAF or Department means the State of Queensland acting through the Department of Agriculture and Fisheries.

Derivations means products deriving or resulting from or based on the Customer Data (but not including the Customer Data itself).

Enhancements means any developments, enhancements or improvements to the Customer Data (other than Derivations).

Expiry Date means the date on which this Agreement is terminated in accordance with clause 13.

Intellectual Property Rights means all intellectual property rights, whether created before or after the Commencement Date, including:

(a)           plant breeder’s rights, patents, copyright, rights in circuit layouts, trade marks, registered designs and any right to have Confidential Information kept confidential;

(b)           any application or right to apply for registration of any of the rights referred to in paragraph (a); and

(c)           all rights of a similar nature to any of the rights in paragraphs (a) and (b) that may subsist in Australia or elsewhere, whether or not such rights are registered or capable of being registered.

Joint Owners means the State of Queensland acting through the Department of Agriculture and Fisheries (DAF) and Australian Pork Limited (APL).

Representative means an employee, agent, officer, director, contractor, subcontractor or other authorised representative of a party.

Term means the period commencing on the Commencement Date and ending on the Expiry Date.

You means the user of WatBal, and where the context allows, includes your Representatives.  Your has a corresponding meaning, as the context requires.

WatBal means WatBal version 1.  WatBal is a web-based, daily water balance model which is intended to assist users with the design and operation of effluent management systems at Australian piggeries.

WatBal Content has the meaning set out in clause 3.